International case law refers to the body of legal decisions made by international courts and tribunals on disputes regarding international law. The international community has established a number of courts for solving disputes regarding international law¹. Their legal nature varies and the scope of jurisdiction and binding effect of their case law largely depends on the relevant founding act.
There are many international tribunals in existence, including the International Court of Justice (ICJ), a body of the United Nations. Cases are helpful sources because they are concrete and tangible, easily consulted (as opposed to the indefiniteness of customary law), and familiar to most legal researchers.
The ICJ has a twofold role: to settle, in accordance with international law, legal disputes submitted to it by States (contentious cases) and to give advisory opinions (advisory procedures) on legal questions referred to it by duly authorized United Nations organs and specialized agencies. In contentious proceedings, when a dispute is submitted to the Court by two or more States, each party to the dispute has an equal right to participate in the proceedings.
Some examples of cases that were settled by ICJ:
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) in 2007
Maritime Delimitation in the Black Sea (Romania v. Ukraine) in 2009
Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile) in 2018
Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) in 2014.
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates) in 2018².
Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) in 2005.
Another example of a case that was settled by ICJ is Certain Phosphate Lands in Nauru (Nauru v. Australia) in 1992.
Aerial Incident of 27 July 1955 (United States of America v. Bulgaria) in 1959
Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) in 1970
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) in 1986
Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria) in 2002
Fisheries Jurisdiction (Spain v. Canada) in 1998
Pulp Mills on the River Uruguay (Argentina v. Uruguay) in 2010
Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) in 2014
Sources:
(1) List of All Cases - International Court of Justice. https://www.icj-cij.org/list-of-all-cases.
(2) Cases | INTERNATIONAL COURT OF JUSTICE. https://www.icj-cij.org/cases.
(3) List of International Court of Justice cases - Wikipedia. https://en.wikipedia.org/wiki/List_of_International_Court_of_Justice_cases.
(4) International Court of Justice (ICJ) | Definition, Cases, Purpose .... https://www.britannica.com/topic/International-Court-of-Justice.
(5) The ICJ and Peaceful Settlement of Disputes - LawTeacher.net. https://www.lawteacher.net/free-law-essays/international-law/the-icj-and-peaceful-settlement-of-disputes-international-law-essay.php.
(6) European e-Justice Portal - International case law. https://e-justice.europa.eu/content_international_case_law-150-en.do.
(7) International Case Law - Guide to International and Foreign Law .... https://guides.law.sc.edu/c.php?g=315476&p=2107911.
(8) Cases | INTERNATIONAL COURT OF JUSTICE. https://www.icj-cij.org/cases.
(9) WorldCourts: International Case Law Database (Judgments, Advisory .... http://www.worldcourts.com/.
(10) List of All Cases - International Court of Justice. https://www.icj-cij.org/list-of-all-cases.
(11) International Criminal Court Launches Case Law Database. https://www.icc-cpi.int/news/international-criminal-court-launches-case-law-database.
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